holmes has refused to cooperate. here's manuel gallegus live from aurora, colorado with more. >> reporter: murder suspect james holmes appeared in court this morning for the first time with bright orange-red hair. he seemed to be dozing off at times as the judge advised him of his rights and his alleged crime. suspected gunman james holmes made his first court appearance since the deadly rampage at a colorado movie theater. he was read his rights and asked if he understood why he was in court. >> you shall not harass, molest, intimidate, retaliate against or tamper with any witness to or victim of the acts you are charged with committing. >> reporter: prosecutors were given until next monday to file formal charges. police say holmes shown here in an internet photo on adult friend finder has lawyered up and is refusing to cooperate with the investigation. authorities say it could take months to learn what motivated the attack. the district attorney is considering pursuing the death penalty against holmes. prosecutors